Wednesday, November 7, 2012

It is not necessary that a delinquent employee be suspended after being served with a charge sheet. Where charges are of serious nature, the employee may resort to suspension pending inquiry. There is no hard and fast rule that service of charge-sheet must precede the suspension order. If the misconduct alleged is of very grave nature and the employee is apprehended at the spot of the commission of the offence, the employer in such circumstances may forthwith suspend the employee and then serve the charge-sheet.

In exercising the power of suspension, it has to be exercised with circumspection, care and after application of mind. The DA must make a fair and proper assessment of the matter in the given circumstances and ascertain that prima facie there exist grave and compelling circumstances which in the light of the material available and collected during the primary investigation point to the likelihood of removal or dismissal of the employee from the service. A proper judgement exercised would prevent unnecessary harassment and humiliation of suspension.